Current through Register Vol. 48, No. 3, March 22, 2024
1. Establishment and Membership. A Pork Board is hereby established with such powers and duties as are authorized by Section 46-17-270 and by item 8 of this section. The Board shall be composed of twelve (12) producer members elected by districts as provided in section 2 of this regulation and an ex officio member appointed as specified by the Act.
2. Representative Districts. For the purpose of nomination and election of producer members of the Pork Board, the affected area shall be divided into three (3) representative districts as follows:
a. The "Piedmont District" shall be and include the counties of Anderson, Cherokee, Chester, Chesterfield, Fairfield, Greenville, Kershaw, Lancaster, Laurens, Newberry, Oconee, Pickens, Spartanburg, Union, and York.
b. The "Savannah Valley District" shall be and include the counties of Abbeville, Aiken, Allendale, Bamberg, Barnwell, Beaufort, Calhoun, Edgefield, Greenwood, Hampton, Jasper, Lexington, McCormick, Orangeburg, Richland, and Saluda.
c. The "Pee Dee District" shall be and include the counties of Berkeley, Charleston, Clarendon, Darlington, Dillon, Dorchester, Florence, Georgetown, Horry, Lee, Marion, Marlboro, Sumter, and Williamsburg, and Colleton.
3. Membership.
a. Producer members of the Board shall be elected as follows from each district as nearly as may be possible.
(1) Three of the producer members, being positions number 1, 2, and 3, shall be elected from the Piedmont District.
(2) Four of the producer members being positions number 4, 5, 6, and 7, shall be elected from the Savannah Valley District.
(3) Five of the producer members, being positions number 8, 9, 10, 11 and 12, shall be elected from the Pee Dee District.
b. One ex officio member, being position 13, shall be appointed by the Commission as specified by Section 46-17-190. This ex officio member shall be without vote in the actions of the Board.
4. Membership Qualifications. Members of the Pork Board shall be citizens and residents of the State of South Carolina, over the age of twenty-five (25) years. Producer members shall have been actually engaged in producing slaughter swine for pork, breeder stock, or feeder pigs or any combination of these within this state for a period of five years and have during this period derived a substantial portion of their individual income therefrom. Members of the Board occupying positions number 1 through 12 shall be active producers of swine or pork in the district in and for which they are nominated and elected. The qualifications of producer members as set forth herein must continue during their term of office. The ex officio member so designated by the Commission shall be either a pork producer, a person active in or interested in matters related to swine or pork, or a person not so related.
5. Term of Office. The term of office of the elected and/or appointed producer members shall be three (3) years from the date of their election and/or appointment and until their successors are elected and/or appointed and certified.
6. Nomination and Appointment of Board Members.
a. The individual members of the Board shall be nominated and elected by the affected producers as provided by Section 46-17-220 and as herein specified.
b. No earlier than June 20 and not later than July 1 of each year, the Commission shall give notice by mail to all producers in a district wherein a vacancy will occur in the Board of such vacancy or such vacancies and call for nominations. Nomination of qualified individual producers for appointment to the Board shall be oral and shall follow such order and procedures as are specified by the Commission with the advice of the Board. The notice of vacancy shall specify the date and time for a meeting of affected producers in each required district at which meeting oral nominations shall be accepted by the Commission. Each nomination shall be seconded by no less than five (5) qualified producers, which seconding action shall be indicated by standing as the nomination is placed. Said nominating meetings shall be completed in each required district no later than July 20 of each year. Nominations may also be made within five (5) days after any such meeting by written petition filed with the Commission and signed by not less than five (5) affected producers entitled to participate in such a meeting.
c. Notice of every nominating meeting shall be published in a newspaper of general circulation within each district in which a vacancy shall occur not less than ten (10) days in advance of the date of such meeting. Written notice of every such meeting shall be posted on a public bulletin board as provided by Section 46-17-80.
d. Producer members shall be elected by the affected producers to fill such vacancies as shall occur annually in the Board. Selection from among multiple nominees shall be by secret ballot cast by eligible producers in a mail poll. Such poll shall be completed no later than August 15 of each year. A simple majority of the affected producers voting shall be sufficient for election.
e. Newly elected and properly certified members of the Board shall take office on September 1 of each year except that the initial Board shall take office immediately upon the approval by referendum of this Order. The chairman of the Commission shall administer an appropriate oath of office to each member of the Board at such time and place as shall be proper.
f. With respect to the initial Board, the Commission shall announce nomination meetings and call for nominations concurrently with the hearings held as required by Section 46-17-80. Notwithstanding the above provisions for electing the producer members of the Board, the initial Board shall be appointed by the Commission pursuant to Section 46-17-210(b). Nomination of candidates for appointment to the initial Board shall be made at the public hearings required by Section 46-17-70, and a list of such candidates as duly nominated shall be attached as Appendix A to the preliminary decision required by Section 46-17-100. A list of the producer members and the ex officio member to be appointed to the initial Board in the event of approval of this Order by referendum shall be attached as Appendix A to the final decision required by Section 46-17-120. A copy of this list of initial Board members shall also accompany the referendum ballot delivered to affected producers pursuant to Section 46-7-40.
g. Notwithstanding the provisions of Section 5 of this Order, the terms of office of the initial Board shall be as follows:
(1) Positions 1, 2, 5, and 11 shall terminate on the last day of August nearest to three (3) years from the effective date of this marketing order.
(2) Positions 3, 6, 8, and 10 shall terminate on the last day of August nearest to two (2) years from the effective date of this marketing order.
(3) Positions 4, 7, 9, and 12 shall terminate on the last day of August nearest to one (1) year from the date of this marketing order.
(4) The term of office of the ex officio member, being position number 13, shall terminate three (3) years from the effective date of this marketing order.
7. Vacancies. To fill any producer vacancy on the Board occasioned by the failure to qualify of any person appointed by the Commission as a member of the Board, or in the event of the death, removal, resignation, or disqualification of any member, the remaining Board members shall select a person qualified for membership as provided by the Act and item 4 of this section for appointment by the Commission to fill the unexpired term. A qualified person shall be appointed to the ex officio membership by the Commission to complete any unexpired term which may for any reason occur.
8. Powers and Duties of Board. The Board shall have the following powers and duties:
a. To administer, enforce, direct, and control the provisions of this marketing order as its administrative Board pursuant to the authority contained in Section 46-7-70(f).
b. To elect a chairman and such officers as it deems necessary and to select and instruct subcommittees of Board members. The ex officio member, being position number 13, shall call the initial meeting and shall preside until a chairman is properly elected.
c. To adopt, rescind, and amend rules and regulations reasonably necessary for the administration and operation of the Board and the enforcement of its duties under this marketing order.
d. To employ and discharge at its discretion such administrators and additional personnel, attorneys, advertising, promotional, and research agencies and other persons and firms that it may deem appropriate and pay compensation to the same according to the provisions of the Act.
e. To accept donations, gifts, and other property to be used for Board purposes.
f. To exercise the powers and authority conferred by law upon corporations.
g. To keep accurate records of all receipts and disbursements, which records shall be open to inspection and audit by the Commission and other legal agencies of the State, and to make annual reports therefrom to the Commission.
h. To prepare a budget or budgets covering anticipated income and expenses to be incurred in carrying out the provisions of this marketing order during each fiscal year.
i. To assist the Commission in collecting the assessments of producers as provided in this marketing order and to expend the same in accordance with and to effectuate the purposes of the Act and this marketing order.
9. Procedure for Board.
a. The Board shall by resolution establish a headquarters which shall continue as such unless and until so changed by the Board at which headquarters shall be kept the books, records, and minutes of the Board meetings.
b. The Board shall hold regular meetings at least quarterly with the time and date thereof to be fixed by the resolution of the Board. Seven of the voting members of the Board shall constitute a quorum for the transaction of all business and the carrying out of all duties of the Board.
c. The Board may hold such special meetings as it may deem advisable and shall establish by resolution the time, place, and manner of calling such special meetings with reasonable notice to the members provided, however, that the notice of any special meeting may be waived by a waiver thereof signed by not less than a quorum of the voting membership.
d. Any action taken by the Board shall require the majority vote of the members present, provided a quorum is present.
e. The members of the Board shall receive no salary but shall be allowed the usual mileage, subsistence and per diem as authorized by law for Commissions, committees and boards which shall be paid out of Board funds. The ex officio member shall be reimbursed by the Commission or the Department for the actual expenses incurred in the performance of his duties.
10. Limitation of Liability of Board Members and Employees. Obligations incurred by the Board and any other liabilities or claims against the Board shall be enforced only against the assets of the Board in the same manner as if it were a corporation and no liability for the debts or actions of the Board shall exist against either the State of South Carolina or any subdivision or instrumentality thereof or against any other Board or Commission established pursuant to the Act or the assets thereof or against any member, officer, employee or agent of the Board in his individual capacity. The members of the Board, including employees thereof, shall not be held responsible individually in any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee except for their own, individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for the act or omission of any other member of the Board. The liability of the members of the Board shall be several and not joint and no member shall be liable for the default of any other members.
